Tuesday, June 26, 2012

FCC Help Wanted: Director of Digital Strategy

Announcement Number DEU-OMD-2012-0013 Promotion Potential GS-15
Position Title Director of Digital Strategy Hiring Agency Federal Communications Commission
Open Period 06/11/2012 - 07/02/2012 Duty Locations 1 Vacancies in District Of Columbia County, DC, US
Series/Grade GS - 0301AH 15 For More Info Sheila Shipp
Salary $123758 - $155500

Who May Apply
All U.S. Citizens

Duration Appointment

Marketing Statement
The FCC is an independent United States government agency, directly responsible to Congress. The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC's jurisdiction
covers the 50 states, the District of Columbia,  and U.S. possessions.




This position is located in the

Office of the Managing Director

Washington, DC  20554 

Relocation expenses will not be paid.

Key Requirements
US Citizenship Must submit a financial disclosure statement upon assuming the position Suitable for employment as determined by a
background investigation. Serve a probationary period of one year, if
Males born after 12/31/59 must be registered
with Selective Service

Major Duties

The position is located in the Office of the Managing Director.  The incumbent will be responsible for leading, developing, implementing and overseeing the integrated policies, programs and objectives for the agency's digital strategy and new media activities.  The new media activities may include hardware and software tools such as Web applications; streaming videos; online interactive multimedia programs, mobile technology, podcasting; webcasting social networking, blogging, digital signage and other new and emerging digital social media.  Works with the Bureau and Offices within the agency in creating a work environment that encourages creative thinking and innovation; seeking opportunities for growth and change, exploring new ideas, methodologies and alternatives to reach outcomes, introduce new concepts and strategies that significantly improve or revise the way the Agency uses digital technologies and new media. Manages major strategic projects from definition of scope through approach recommendations and final implementation.  Develops and provides oversight and direction for short ad long-term planning in setting the Agency's overall digital strategy for the use of new media.  Oversees the Agency's websites goals which include improving federal data transparency and opening data to the public and to a community of developers that has access to the data.  Oversees the analytics by creating and producing analysis and reports regarding trends, preferences and other information on the Agency's online activities.  Directs the development of web-based solutions and products that represent and communicate the mission of the Agency to the public.


Please note your resume must thoroughly support
your responses to the vacancy questions.  Your
resume is an integral part of the process for
determining if you meet the basic qualifications
of the position and determining if you are to be
among the best qualified.

All applicants will be rated on the extent and
quality of experience and education relevant to
the duties of the position.  An automated score
is administered based on the on-line application
process used.  Eligible applicants will receive
a numerical rating based on their responses to
the job specific questions for this position
submitted via the FCCJobs website.  Applicants will be
rated ineligible, if they do not respond to job
specific questions and submit a resume.  For
more information, please click on Rating Process.

There are several parts to the application
process that affect the overall evaluation of
your application including:

1.the core questions (answered when you
register in FCCJobs);

2.  the vacancy questions (answered when you
apply for this vacancy). To view the vacancy
questions please visit our website at FCCJobs
and click on Search Public Jobs Now' and view
the announcement as well as the vacancy

3.  supplemental documentation (e.g., DD-214, SF-
50, SF-15, transcripts), if applicable; and

4.  your resume.


qualification requirements by the closing date
of this announcement.  Current Federal employees
must meet time-in-grade requirements by the
closing date of this announcement.  

Specialized Experience:  Applicants must have a
minimum of one year of specialized experience
equivalent to at least the GS-14 grade level in the Federal


For this position, specialized experience includes the following:  1) Experience leading the development, implementation, and ongoing management of organization-wide digital technology plans and programs, including managing web development and design, information architecture, data transparency, social media, and digital technologies; 2) Experience designing and implementing emerging new media and digital policies, products, projects and technologies; and 3) Experience providing expert advice and formal presentations to senior management or executives in the planning, prioritization, development and execution of a digitization program.     

How to Apply
To apply to this announcement go to FCCJobs.  Your application, including resume, all supplemental documents, registration information and answers to job specific questions must be received no later than midnight U.S. Eastern time of the closing date.  For more information, please click on How to Apply, Applying for Jobs, and Inputting Resumes.  If
you have question or problems with password or
logging in, please click on Passwords, IDs, and Logging In.

If applying online poses a hardship, please contact the Federal Communications Commission's
Human Resources Office at (202) 418-0130 during
business hours (8:30 a.m. to 5:00 p.m. U.S.
Eastern Time) prior to the closing date of the
vacancy announcement.

Required Documents
***Some positions require supplemental document(s). Documents must be received in the FCC'S Human Resources Office by midnight U.S. Eastern Time of the closing date of the announcement.  Once you apply to this vacancy you will be prompted by the system to either upload the documents or print fax coversheets to fax the documents.  The fax number will be listed on this sheet.  If faxing, supplemental document(s) required should be faxed separately on the fax coversheet provided.  Once faxed, you should receive an email confirmation within an hour.  If you do not receive an email confirmation, your fax has not been successfully received and you should fax again.  If you are unable to fax the required documentation, contact the Human
Resources Office at 202-418-0130 prior to 5:00
p.m. U.S. Eastern Time on the closing date of
the announcement.***

Hardcopy Supplement Documents Required:

1.  When the area of consideration is "Government-Wide" or "All U.S. Citizens."
current Federal employees, including those eligible for noncompetitive transfer or reassignment, must provide a legible hardcopy of Personnel Action, SF-50, that verifies your status and highest permanently held grade along with your most recent annual performance appraisal.

2.  ICTAP eligible candidates must submit a copy of their most recent annual performance appraisal (at least "Meets or Exceeds" or equivalent) and proof of eligibility such as a RIF separation notice or letter from OPM, or your agency documenting your priority consideration status.  You must be rated fully qualified (a score of 80 or above) for the position.

3.  If applying for consideration under a non-competitive appointment such as Schedule A,
Excepted Service, all documentation establishing
your eligibility must be provided.

4.  Veterans must submit form DD-214, "Certificate of Release or Discharge from
Active Duty," or an SF-15, "Application for 10-
Point Veterans' Preference" plus the proof
required by that form.

What to Expect Next
Once your complete application is received, we will conduct an evaluation of your qualifications to determine your ranking.  The best-qualified candidates will be referred to the hiring official for further consideration and possible interview.  You will be notified of the outcome.

The FCC offers a wide range of employee benefits, including:

Health Insurance
Life Insurance
Dental & Vision Insurance
Flexible Spending Accounts
Long-Term Care Insurance
Holidays and Leave
Thrift Savings Plan
Transit Benefit
Alternative Work Schedule

Other Information
EEO Policy StatementReasonable Accommodation Policy StatementVeterans InformationLegal and Regulatory Guidance

Monday, June 25, 2012

6.25 :: 200 kbps in one direction :: Wifi Tapping is Tech in General Public Use :: Ugly Opinion :: Internet Power Grabs :: Boon for Criminals ::


         CyberTelecom News Weekly

      Federal Internet Law and Policy


Trying to revamp the news a little.  Feedback Welcome.

Wednesday, June 27
Friday, July 13
 2012 Symposium on Usable Privacy and Security (SOUPS)
 Wikimania 2012 conference

This report summarizes information about Internet access connections over 200 kilobits per second (kbps) in at least one direction in service in the United States on June 30, 2011, as collected by FCC Form 477. Form 477 gathers standardized information about subscribership to Internet access services in the fifty states, District of Columbia, and inhabited insular areas (American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and U.S. Virgin Islands). The information is reported by telephone companies, cable system operators, terrestrial wireless service providers, satellite service providers, and other facilities-based providers of advanced telecommunications capability Keyword: [Sec. 706]

OECD/BEREC Workshop Report, Potaroo
I presented at a OECD/BEREC workshop that was held on the 20th June in Brussels, and I'd like to share some personal impressions and opinions from this workshop about the state of the regulatory conversation about interconnection in the Internet. Keyword: [Backbones]

Verizon and AT&T statement regarding ARCEP's attempt to regulate Internet peering and transit agreements, Verizon
the new reporting obligations violate the deregulatory principles of the European regulatory framework, and are unjustified in light of the competitive nature of the Internet wholesale market. Up until now, no European regulatory authority has identified any market failure, or applied regulation to Internet wholesale arrangements. Keyword: [Backbones]

US v. Sayer, Dist. Court, D. Maine 2012, Fed Court
The defendant argues that regardless of the legality of the driveway turnaround, it was still an illegal warrantless search to do a "wireless survey of WiFi/Internet signals" on October 29, 2009. The defendant relies upon the reasoning of Kyllo v. United States, 533 U.S. 27 (2001). There, the Court held that law enforcement "use of a thermal-imaging device aimed at a private home from a public street to detect relative amounts of heat within the home," 533 U.S. at 29, was a search for Fourth Amendment purposesâ€""at least where (as [in Kyllo]) the technology in question is not in general public use." Id. at 35. Unlike Kyllo, what law enforcement detected here was not a signal that was in or coming from the defendant's residence; instead, the assertion is that the detected signals came from a wireless router in a neighbor's house across the street. (Apparently part of the government's case is that the defendant used others' wireless access so that his actions could not be traced to him.) Moreover, the technology that they used is in general public use; anyone with a laptop with wireless capability can find evidence of WiFi signals. This is not Kyllo's advanced technology "not in general public use." Keyword: [WIFI]

Lansing v. SOUTHWEST AIRLINES COMPANY, Ill: Appellate Court, 1st Dist., 6th Div. 2012, State Court
We find that section 230(c) of the CDA does not apply to plaintiff's negligent supervision cause of action because any issue concerning whether defendant acted like a publisher or speaker of the offensive material is irrelevant to plaintiff's pled claim. Plaintiff's negligent supervision cause of action does not require publishing or speaking as a critical element, and holding defendant liable for its failure to supervise its employee after defendant had received notice of the employee's wrongful conduct does not treat defendant as if it were the publisher or speaker of the alleged e-mails and texts. Keyword: [47 USC 230]

Section 230 Doesn't Protect Employer From Negligent Supervision Claim--Lansing v. Southwest Airlines. Warning: Ugly Opinion, Tech & Marketing Law Blog
Keyword: [Samaritan]

Once You Pass the Bar, Try Winning EFF's Cyberlaw Quiz, EFF
Keyword: [Cyberlaw]

13 million Americans made donations online after Hurricanes Katrina and Rita, Pew
This press release is on the Pew Internet Project data memo on online donations and news consumption pertaining to Hurricanes Katrina and Rita Keyword: [Data]

ICANN replaces CEO, head of massive domain-name change, CNET
Keyword: [ICANN]

UN 'Internet Takeover' About Subsidizing Phone Companies - Glorified Version of Ed Whitacre and AT&T's 'Troll Toll' Proposals, DSLReports
Keyword: [ICANN]

We Must Take UN’s Internet Grab Seriously, Reason
Keyword: [ICANN]

Is IPv6 a Boon to Criminals and Foe to the FBI?, CircleID
The issue being discussed here is really all about RIR (Regional Internet Registry) Whois database accuracy. The RIR Whois databases contain the records of who holds what IP addresses, down to a level of granularity dependent on that RIRs specific policies. When law enforcement Keyword: [IPv6]

World IPv6 Launch : A Longer View, Arbor Networks
As we have noted before, World IPv6 Launch wasn’t like flipping a switch and seeing a sudden spike of IPv6 traffic. Instead, it was a more gradual ramp-up of traffic starting about two weeks before the day itself. This resulted in IPv6 traffic growing from 0.06% to almost 0.15% of all Internet traffic in the weeks leading up to June 6. Keyword: [IPv6]

IPv6: Still on the Radar, ICANN
Building on the success of the World IPv6 Day held in 2011, the World IPv6 Launch event was held on 6 June 2012 and resulted in some of the world’s biggest Internet Service Providers (ISPs) and content distribution networks permanently enabling IPv6 access for their sites and services, bridging one of the most significant gaps on the road to universal IPv6 access. Keyword: [IPv6]

Helping our Nation’s Cities Through Open Government and Innovation, White House
Cities around the country are facing challenges, from increasing service demands, to tight budgets, to aging infrastructure. But city leaders are increasingly finding new and innovative ways to tackle these challenges, in part by harnessing the inherent power of the citizens that live there. Keyword: [eGov]

Google Responds to ICO Investigation, Daily Dashboard
Keyword: [Google]

Twitter explains outage, apologizes for downtime, CW
Keyword: [Twitter]

Twitter explains Thursday outage, CW
Keyword: [Twitter]

The ITU and Your Internet, Digital Beat
On June 20, the House Commerce Committee approved, on a voice vote, House Congressional Resolution 127 regarding actions to preserve and advance the multistakeholder governance model under which the Internet has thrived. Keyword: [ITU]

The UN’s ‘Internet takeover’ and the politics of Kumbaya, TLF
When it comes to the UN exerting greater control over Internet governance, all of us who follow Internet policy in the U.S. seem to be on the same page: keep the Internet free of UN control. Many folks have remarked how rare this moment of agreement among all sidesâ€"right, left, and Keyword: [ITU]

The ITU, WCIT and Internet Freedom, Wetmachine
Very few people ever heard of the International Telecommunications Union (ITU) until recently â€" and with good reason. For more than 100 years, the ITU managed quite nicely serving as the forum for countries and telecom carriers to coordinate insanely-technical-mind-numbingly-boring-but-really-really-important Keyword: [ITU]

Ethiopia's Ban on Skype: An Excessive Stretch, CircleID
Most international Medias picked the story wrong. And I see it being repeated. It is true that there is some legislative initiative regarding the regulation of VoIP calls and mainly the telecommunication sector in Ethiopia. But the initiative is just a draft, noting more. Besides there is no such a thing as 15 years punishment in the draft law for using Skype. Keyword: [Ethiopia]

Use VoIP in Ethiopia, Go to Prison - Government Declares War on the Internet, DSLReports
Keyword: [Ethiopia]

Iran targeted by 'massive cyberattack,' official claims, CW
Keyword: [Iran]

Paper ties US and Israel to Flame, BBC
Keyword: [Iran]

Carreon Admits His Original Threat Letter Was A Mistake, But Keeps On Digging Anyway, Techdirt
Keyword: [Copyright]

Electronic Frontier Foundation Throws Its Weight Behind The Oatmeal, Forbes
Keyword: [Copyright]

EFF Will Represent The Oatmeal Creator in Fight Against Bizarre Lawsuit Targeting Critical Online Speech, EFF
Inman started his campaign last week as part of a protest over legal threats he received from the website FunnyJunk. In 2011, Inman published a blogpost noting that FunnyJunk had posted many of his comics without crediting or linking back to The Oatmeal. A year later, FunnyJunk claimed the post was defamatory and demanded $20,000 in damages. Inman crafted a unique response, which included some comic art. Instead of paying the baseless demand, Inman asked for donations for the American Cancer Society and the National Wildlife Federation. The campaign raised more than $200,000 so far. Keyword: [Copyright]

Feds want publishers in e-book case to rat on Apple, CNET
Keyword: [Media]

FCC Chairman Julius Genachowski announced today that Sharon Gillett will be departing the Commission and leaving her role as Chief of the Wireline Competition Bureau to return to the Boston area. Julie Veach, currently Deputy General Counsel in the Office of General Counsel, will serve as Chief of the Wireline Competition Bureau, effective June 30. Keyword: []

On May 25, 2012, the Wireline Competition Bureau, Wireless Telecommunications Bureau, and Office of General Counsel jointly released a public notice soliciting comments regarding the privacy and data-security practices of mobile wireless service providers with respect to customer information stored on their users mobile communications devices, and the application of existing privacy and security requirements to that information.1 The Federal Register published a summary of that public notice on June 13, 2012.2 Accordingly, and as provided in that summary, comments are due on Friday, July 13, 2012, and reply comments are due on Monday, July 30, 2012. The public notice and the Federal Register summary provide instructions for filing comments and reply comments. Keyword: []

IN RE iPHONE APPLICATION LITIG., Dist. Court, ND California 2012, Fed Court
To state a claim under the SCA, Plaintiffs must allege that Defendants accessed without authorization "a facility through which an electronic communication service is provided." 18 U.S.C § 2701(a)(1). An "electronic communication service" ("ECS") is "any service which provides to users thereof the ability to send and receive wire or electronic communications." 18 U.S.C. § 2510(15). While the computer systems of an email provider, a bulletin board system, or an ISP are uncontroversial examples of facilities that provide electronic communications services to multiple users, less consensus surrounds the question presented here: whether an individual's computer, laptop, or mobile device fits the statutory definition of a "facility through which an electronic communication service is provided." The Court agrees with Defendants that it does not.... Here, the Geolocation Plaintiffs allege that Apple retrieved information from their iPhones revealing their real-time location information and that this information was necessarily only "temporarily stored" on their iPhones, because "anything other than temporary and regularly overwritten . . . data (constantly updated cell tower and WiFi network information) would quickly consume the iPhone's available memory." Opp'n at 11-12. However, Plaintiffs' own allegations in the amended complaint state that "in the/Library/Application Support/MobileSync/Backups/ folder on a user's iDevice, Apple maintains an unencrypted log of the user's movements, as often as 100 times a day, for up to a one-year period." AC ¶ 107(a). Thus, it appears that this location data resides on Plaintiffs' iPhone hard drive for up to a one-year period, which is not merely a "temporary, intermediate storage . . . incidental to the electronic transmission" of an electronic communication. Nor do Plaintiffs allege that Defendants accessed the data at a time when the data was only in temporary, intermediate storage. Thus, the Court again agrees with Defendants that Plaintiffs fail to state a claim under the SCA because they fail to allege that Defendants accessed data in "electronic storage." Keyword: []

Small Library Seeks to Force Decision on VoIP Classification, Telecom Law Monitor
Keyword: [VoIP]

Semaphore and smoke signals - faster than broadband?, BBC
Keyword: [Broadband]


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Thursday, June 21, 2012

EFF Cyberlaw Pub Quiz

Think you're a hot Internet lawyer??  Try your hand at EFF's Cyberlaw Pub Quiz.  Answers provided at the bottom of the linked page.

1. In In re Grand Jury Subpoena Duces Tecum Dated March 25, 2011, 670 F.3d 1335 (11th Cir. 2012), the court relied upon which Amendment in protecting a man from being forced to decrypt his computer?

2. Justice Alito in U.S. v. Jones imagined how one might have conducted surveillance comparable to GPS tracking in 1791. Which was not part of his hypothetical:
(a) a tiny constable
(b) incredible fortitude and patience
(c) a hand-written writ
(d) a gigantic coach

3. A Markman hearing is pretrial hearing in which a judge examines evidence on the meanings of words used in a patent claim.  Markman held a patent for an "Inventory Control and Reporting System" for what kind of store?

4. In the 2012 Oracle v. Google lawsuit, Google was found to have copied one program, known as rangeCheck - It consisted of how many lines of code?

5. On January 25, 2012, at least 15,000 people demonstrated in the streets of Kraków against what international trade agreement?

Tuesday, June 19, 2012

EVENT :: DC ISOC :: CENSORSHIP 2020: The Future of Free Speech Online :: June 25

The DC Chapter of the Internet Society, in conjunction with the U.S. Department of State, invites you to an informal discussion on

CENSORSHIP 2020:  The Future of Free Speech Online

Monday, June 25, 2012
5:00-5:30 PM   Networking
5:30-7:00 PM   Discussion

Hosted by the Communication, Culture and Technology Program of Georgetown University
2nd Floor, Car Barn, 3520 Prospect St., N.W. , Washington , DC
(enter from Prospect St.)

The Arab Spring demonstrated how Internet technologies such as Twitter, blogs, and Facebook could be used to mobilize protesters, publicize corruption and human rights violations, and connect activists and emigres.  But in Iran , Syria , and elsewhere, we have seen repressive governments use the Internet to identify and track dissidents, to spread disinformation, and defame political opponents.  Will the technologies of anonymization win out over new digital monitoring tools?  Will new wireless data technologies foster democracy--or lead to more effective tracking and surveillance?  Join us for an informal discussion with six people fighting for free speech on the Internet in their country--and around the world:
Dishad Othman ( Syria),  an activist and IT engineer providing Syrians with digital security tools

Pranesh Prakash ( India), a blogger and cyberlaw expert who is promoting a free Internet and online freedom of speech. 

Koundjoro Gabriel Kambou (Burkina Faso), a journalist at Lefaso.net, is promoting human rights, democracy particularly among young people.

Sopheap Chak (Cambodia), the Deputy Director of the Cambodian Center for Human Rights (CCHR) and one of Cambodia ’s leading bloggers.
Andres Azpurua (Venezuela) has trained 300 youth on using Web 2.0 tools to publicize human rights violations.
Emin Milli (Azerbaijan),  a writer who is using YouTube, Facebook and Twitter to spread information about human rights violations.
Moderator:  Ambassador (ret.) Richard Kauzarlich, Deputy Director, Terrorism, Transnational Crime and Corruption Center (TraCCC),  George Mason University, http://traccc.gmu.edu/ 
Street parking is available on Prospect Street and other streets north of the Car Barn.

Sunday, June 17, 2012

6.17 :: Ignite :: Indite :: Faster Cheaper :: Banning Kids from Parks :: Does Anyone Listen to Podcasts :: Keep Your Stick on the Ice :: The Oatmeal :: Really Outrageous ::

CyberTelecom News Weekly
Federal Internet Law and Policy
"That the automobile has practically reached the limit of its
development is suggested by the fact that during the past year no
improvements of a radical nature have been introduced." Scientific
American (Jan. 2, 1909)

White House Looks to Ignite Broadband Innovation, Deployment,
Broadband For America
Broadband for America members Comcast and Verizon are combining forces
with The White House and nearly 100 other government, industry and
nonprofit organizations to launch a new initiative called US Ignite.

Internet2 Statement Regarding Launch of US Ignite, Internet2`

Making Broadband Construction Faster and Cheaper, White House
Tomorrow, the President will sign an Executive Order to make broadband
construction along Federal roadways and properties up to 90 percent
cheaper and more efficient. Currently, the procedures for approving
broadband infrastructure projects on properties controlled or managed
by the Federal Government—including large tracts of land, roadways,
and more than 10,000 buildings across the Nation—vary depending on
which agency manages the property. The new Executive Order will ensure
that agencies charged with managing Federal properties and roads take
specific steps to adopt a uniform approach for allowing broadband
carriers to build networks on those assets. It will also allow
service providers to deploy broadband while roads are under
construction, a practice that hugely cuts costs.

Obama order targets cost of broadband deployment, CW
U.S. President Barack Obama will sign an executive order Thursday
intended to make it less expensive for broadband providers to install
lines and equipment on federal lands and also federal roads.

Notice of open meeting, NTIA
Announces a public meeting of the Commerce Spectrum Management
Advisory Committee (Committee) to be held on July 24, 2012, from 1:30
p.m. to 5:30 p.m., Mountain Daylight Savings Time.

"I applaud the networks' commitment to empower parents. With our
rapidly changing media marketplace, it is vital parents have tools to
help them make informed choices."

Geoffrey Stone, WikiLeaks and the First Amendment, FCLJ
In November 2010, Julian Assange's WikiLeaks collaborated with major
media organizations to release thousands of classified U.S. State
Department documents. American soldier Bradley Manning stands accused
of leaking those documents to the website. In

(Don't) Blame the Messenger: What to Do about National Security Leaks,
Citizens Media Law Project
Lately I have been following the discussion about the most recent
series of national security leaks, including those that detailed the
White House's terrorist "kill lists," the foiling of a terrorist plot
by a double agent in Yemen, and cyberattacks against Iran. Outrage
about leaks is hardly new. Neither are leaks. (See my prior article
detailing the long history of leaks in this country.) What is new is
that the outrage this time around seems

Adam Candeub and Daniel McCartney, Law and the Open Internet, FCLJ
The FCC has issued a new set of Internet access regulations and
policies (namely Preserving the Open Internet Broadband Industry
Practices, Report and Order, FCC 10-201, rel. Dec. 23, 2010), which
would prohibit broadband service providers like AT&T or Comcast from
discriminating against unaffiliated content providers. The

The Battle For Net Neutrality Flares Up Again: But Which Countries
Still Have It?, Techdirt
Net Neutrality has suddenly become a hot topic again. Partly, that's
thanks to some awful ideas about regulating the Internet coming from
the International Telecommunication Union, notably those proposed by
the ETNO -- the European Telecommunications Network Operators
Association -- discussed recently on Techdirt. New information from
WCITLeaks Wikileaks (found via the Net neutrality in Europe site)
provides us

Tales from a Cybersquatting Law Lawsuit, Cybersquatting & Domain Disputes
Now the first thing you need to know is that the ACPA, the
Anti-cybersquatting Consumer Protection Act, has a very limited number
of cases that have been decided under it. The language of the statute
is fairly clear, but, as...

UN Internet Takeover Rumours Mask Bigger Governance Shortcomings, Michael Geist
In recent months the Internet has been buzzing about the prospect of a
United Nations "takeover" of the Internet, including responsibility
for governance of the domain name system. The concern hit a fever
pitch late last month when the U.S. Congress held hearings on the
issue. A steady stream of technology companies and consumer groups
expressed fears with potential U.N. and foreign government involvement

Why the new domain-name lottery is a train wreck, Gigaom
In case you missed all of the hullabaloo, the internet is about to get
a whole lot bigger — or noisier and more confusing, depending on how
you look at it. That's because ICANN, the non-profit agency that
controls the internet address system, has decided to expand the
existing catalogue of names that can be used in web addresses so that
it can add hundreds of new "top-level domains." Do we really need
addresses that end in .beer

Does the ITU Want to Regulate the Internet?, Telefrieden
Remarkably the International Telecommunication Union ("ITU") has flown
under the radar scope of critics. This specialized United Nations
agency does have a substantial impact on telecommunications, spectrum
management and the Internet. Wireless carriers in the United States
can blame the FCC all they want for spectrum scarcity, but the true
originator of spectrum allocation decisions typically is the ITU.
Nations usually

Who should govern the internet?, BBC
A debate is raging over who should govern the net

IPv6 All the Way Down, ICANN
In the past we've talked about how the Internet's key infrastructure
has been getting ready for IPv6. In 2004, the first IPv6 glue was
added to the root DNS zone for .JP and .KR but when you look at a part
of the root zone today – the part related to ccTLDs derived from the
ISO-3166-1 list – you can see that a huge proportion of TLD operators
are ready for IPv6.

Internet Addresses Get More Space With New Protocol, NPR
Even on the Internet, 4.3 billion just wasn't enough; 340 undecillion
is more like it. That's 340 trillion trillion trillion, the new
capacity of available Internet addresses, thanks to IPv6, the next
generation protocol that launched this past week. Weekend
EditionSunday host Rachel Martin talks with CNET senior writer Stephen
Shankland to put it all in perspective.

FBI, DEA warn IPv6 could shield criminals from police, CNET
FBI, DEA, and Royal Canadian Mounted Police say IPv6 may erode their
ability to trace Internet addresses -- and warn new laws may be
necessary if industry doesn't do more.

Leading Internet prognosticator still pessimistic about IPv6, CW
Geoff Huston, an Australian researcher whose predictions about IPv4
depletion dates have proven uncannily accurate over the years, is
still not certain that IPv6 will get deployed in time to avert an
addressing crisis across the Internet.

The Power of Open Education Data, White House
On Tuesday, Vice President Biden, U.S. Education Department Secretary
Arne Duncan, and Consumer Financial Protection Bureau Director Richard
Cordray hosted a roundtable with college presidents who pledged to
provide clear, useful information to all incoming college students and
their families, as part of their financial aid package, so that they
can "know before they owe."

If We Build It, They Can't Come, Level3
For years, Level 3 has objected to the major incumbent telcos use of
"demand lock up" arrangements in the market for special access
services. The incumbent phone companies use and maintain their
dominance in the special access market to demand that their customers
commit to buy as much as 90 percent or more of their wired connections
from these incumbents. Customers that refuse are denied access to

Lawmakers want FCC to bail out LightSquared with military spectrum,
Ars Technica
A bipartisan group of lawmakers wants the Federal Communications
Commission to salvage LightSquared's seemingly doomed plan to build a
4G LTE network by letting the company trade its spectrum for more
suitable airwaves controlled by the Department of Defense.

The LightSquared Show Will Continue a Little Longer - Deal With
Lenders Keeps Company Afloat a Little Longer, DSLReports
With no product and no necessary FCC waiver to offer service,
LightSquared is for all intents and purposes dead -- they just don't
really know it yet. This week the company lobbied a few lawmakers in a
last ditch and likely futile effort to get Uncle Sam to swap out their
miserable, GPS-interference-causing spectrum holdings with some of the
spectrum currently held by the Department of Defense. Now LightSquared

Bankrupt LightSquared's Drama Drags On -- And Markets Move On, Forbes
Last time we checked in with LightSquared, its sad saga suggested why
crony capitalism might be here to stay. Philip Falcone, I remarked,
sounded "like some of the less sympathetic Occupy protestors who have
complained that even though they went through the motions prescribed
by the system, the system failed them."

Is the U.N. Trying to Tax the Internet?, Forbes
So are they or aren't they?

Debunking Rumors of an Internet Takeover, NYT
In the blogosphere, many conspiracy theorists fear that China, Russia
or some other country is plotting to win control of the Internet. The
problem is, there is no evidence of such a takeover.

US Continues To Try To Block Megaupload From Using Its Lawyers,
Pretends It Has Jurisdiction Over The World, Techdirt
Following some filings by Megaupload's lawyers in the US, the US
Attorneys office has shot back, asking the court to deny all of the
company's requests. And, it goes even further than that: seeking to
deny Megaupload the ability to use the topnotch lawyers it hired. This
part is not new. Back in April, it sought to block Megaupload from
hiring Andrew Schapiro from Quinn Emanuel, arguing that there's a
"conflict of interest" because the

Former Federal Judge Calls US Prosecution Of Megaupload 'Really
Outrageous', Techdirt
To hear folks in Hollywood talk about it, the US's indictment and
prosecution of Megaupload are a done deal. Without any actual trial,
people have decided that the company is clearly 100% evil and guilty.
Yet, as we keep noting, the details of the indictment and prosecution
keep turning up significant errors on the part of the US, as well as
questions about the legality of what the US did. And plenty of people
who really understand this

Funnyjunk Lawyer Being Mocked Mercilessly, Makes Things Worse By
Trying To Shut Down The Oatmeal's Fundraiser, Techdirt
As the famous saying goes, when you are in a hole, stop digging.
Someone might want to send that message to lawyer Charles Carreon, who
has (legitimately) worked on some good cases in the past. However, for
reasons that are confusing even his friends, he seems to be trying to
respond to a big mistake by hinting at an even bigger one. As you have
probably heard -- since it's all over the freaking internet -- there's
a little fight going

Holder In The Hot Seat, Still Can't Explain Why DOJ Censored Hip Hop
Blog, Techdirt
Back in December, right after it came out that the Justice Department
had seized and censored a hip hop blog for over a year and then gave
it back, effectively admitting that there was no legal basis for the
censorship, Rep. Zoe Lofgren asked Attorney General Eric Holder about

DOJ Realizes That Comcast & Time Warner Are Trying To Prop Up Cable By
Holding Back Hulu & Netflix, Techdirt
For quite some time now, we've been reporting on how the big
television players were so upset that Hulu and Netflix were dragging
them kicking and screaming into the 21st century (even though they
owned Hulu) that they were working on plans to kill off both services
-- or at least cripple them. Mostly, what this goes back to is the
inevitable fact that the internet is going to subsume television. But,
these days, there's so much money

Why Comcast will Vehemently Fight a DOJ Investigation, CircleID
If your company becomes a huge dominate market player in both
broadband and content delivery, scrutiny will come your way, like it
or not. Comcast (NASDAQ: CMCSA) has been so successful in building
both a content and delivery system to such a mass audience; it's
beginning to look like former monopolies which grew unwanted
investigations and break-ups in the 1980's. Remember AT&T and the DOJ
anti-trust decision to

Red Green Show Thrives Thanks To The Internet And A Whole Lot Of Duct
Tape, Techdirt
This one is a tad old, but it is certainly worth sharing. A while
back, Chuck Norris' Enemy (deceased) sent in this great interview with
Steve Smith, the creative mind and star of the Red Green Show. This
show, for those who are not familiar with it, is the amalgamation of
comedy, handyman,

Guide to Tech News Podcasts, Cybertelecom
Does anyone still listen to podcasts (you know, as in iPod). Podcasts
are on demand audio files; you subscribe to the audio feed through an
RSS feed or through itunes so that each time there is a new show, it
magically appears through the wonders of technology on your thingy.
Lots of tech

NIST Computer Security Division 800-146, Cloud Computing Synopsis and
Recommendations, NIST
The final version of NIST Special Publication 800-146, Cloud Computing
Synopsis and Recommendations is NIST's general guide to cloud
computing. It explains cloud systems in plain language and provides
recommendations for information technology decision makers ranging
from chief information officers, information systems developers,
system and network administrators, information

Spokeo to Pay $800,000 to Settle FTC Charges Company Allegedly
Marketed Information to Employers and Recruiters in Violation of FCRA,
Spokeo, Inc., a data broker that compiles and sells detailed
information profiles on millions of consumers, will pay $800,000 to
settle Federal Trade Commission charges that it marketed the profiles
to companies in the human resources, background screening, and
recruiting industries without taking steps to protect consumers
required under the Fair Credit Reporting Act.

Banning Kids from Facebook is Like Banning Kids from Parks & Shopping
Malls, TLF
In my most recent weekly Forbes column, "Common Sense About Kids,
Facebook & The Net," I consider the wisdom of an online petition that
the child safety advocacy group Common Sense Media is pushing, which
demands that Facebook give up any thought of letting kids under the
age of 13 on the site. "There is absolutely no proof of any meaningful
social or educational value of Facebook for children under 13," their
petition insists.

Department of Homeland Security Exempts Massive Database from Privacy Act, EPIC
The Department of Homeland Security issued a final rule exempting its
Operations System from various Privacy Act safeguards, including
provisions that permit individuals to access information about them
held by the agency. The system "fuses" information from many sources
which the agency uses for investigatory purposes. There are over
twenty categories of data, including social security numbers,
citizenship, medical

Regulators Must Remain Vigilant, Ask Tough Questions in Cyber Debate:
With the electric-utility sector focusing on cybersecurity
protections, State public service commissioners must remain vigilant
and ask effective questions as regulated utilities make critical
investments, a new paper from the National Association of Regulatory
Utility Commissioners concludes.

With FBI snooping on social media, how to protect privacy, CNET
The FBI is finding new ways to eavesdrop by intercepting Internet,
wireless, and VoIP communications. CNET's Sumi Das breaks down what
you need to know.

Alleged Lulzsec member, Ryan Cleary, indicted in U.S., CW
A U.S. federal grand jury has indicted Ryan Cleary, a British citizen,
accusing him of orchestrating a hacking rampage last year that
victimized Sony Pictures Entertainment, Fox Entertainment Group and

$422,000 to stream a movie? The continued "success" of phone cramming,
Ars Technica
If you were watching Mulholland Drive on your phone, it probably
wasn't through Streaming Flix.

"If there are no dogs in Heaven, then when I die I want to go where
they went."-Will Rogers
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Thursday, June 14, 2012

[NOTICE] Making Broadband Construction Faster and Cheaper

The White House is announcing a series of steps to help improve broadband deployment.  From the White House Blog...

Making Broadband Construction Faster and Cheaper

[Phil Larson] Tomorrow, the President will sign an Executive Order to make broadband construction along Federal roadways and properties up to 90 percent cheaper and more efficient.  Currently, the procedures for approving broadband infrastructure projects on properties controlled or managed by the Federal Government—including large tracts of land, roadways, and more than 10,000 buildings across the Nation—vary depending on which agency manages the property. The new Executive Order will ensure that agencies charged with managing Federal properties and roads take specific steps to adopt a uniform approach for allowing broadband carriers to build networks on those assets.  It will also allow service providers to deploy broadband while roads are under construction, a practice that hugely cuts costs.
Additionally, at an event beginning at 9am ET tomorrow, the White House will announce that nearly 100 partners—including cities, national research institutions, and industry supporters—have formed a new public-private partnership called “US Ignite.” The US Ignite Partnership will create a new wave of services that take advantage of state-of-the-art broadband networks running up to 100 times faster than today’s Internet.  By bringing together government agencies, private companies, and communities, the partnership aims to accelerate the development of applications for advanced manufacturing, medical monitoring, emergency preparedness, and a host of other services. These applications will improve services to Americans, drive job creation, promote innovation, and create new markets for American businesses.
We Can't Wait: Broadband Construction Map
The President’s Executive Order and the US Ignite partnership are a two-pronged approach to help speed the delivery of connectivity to communities, businesses, and schools across the Nation. “By connecting every corner of our country to the digital age,” President Obama said. “We can help our businesses become more competitive, our students become more informed, and our citizens become more engaged."
Learn more about US Ignite’s current projects in Cleveland, OH, Chattanooga, TN, and Clemson/Portland.
For a complete list of US Ignite’s partners and initiatives across the country, check out their interactive map.

Wednesday, June 13, 2012

Guide to Tech News Podcasts

Does anyone still listen to podcasts (you know, as in iPod).  Podcasts are on demand audio files; you subscribe to the audio feed through an RSS feed or through itunes so that each time there is a new show, it magically appears through the wonders of technology on your thingy.  Lots of tech news podcasts have faded away recently, including one of the best: CNET's Buzz Outloud (a mix of technology, news, reporters, and whiskey). Here is some of the fair that remains available.
  • BBC Click (was BBC Go Digital which was BBC Digital Planet. Now shorter and it seems less robust.)
  • CNET News (CNET has significantly revamped its offerings. Gone is Buzz Outloud... and its not clear that CNET will replace it with a new tech news podcast. You can still listen to New Yorkers yammer about gaming on The 404)
  • NPR Technology (the weeks tech news segments pasted together, usually with some Science Friday filler)
  • PRI The World (From the technology hub of Brussels, Belgium, the most under appreciated technology news podcast by Clark Boyd * one of my favorites *)
  • CSPAN The Communicators (inside the beltway, informative, boring - really, you have to listen to this one (not want to). Seriously, this is an informative podcast)
  • Surprisingly Free (informative interviews with big thinkers brought to you by the Mercatus Center at GMU Law)
  • Hearsay Culture ( KZSU-FM Stanford University, informative interviews with authors)
  • Congressional Internet Caucus (they have great audio / video but they are not putting it in their podcast feed * sigh *)
  • Twit News Today (A Buzz Outloud refugee talks with other people about the news)
  • Public Knowledge (Advocates talk about policy)
  • Berkman Center (Harvard, informative lectures, frequently lunch time presentations by big thinkers)
  • Wall Street Journal Technology Daily Podcast (short, sweet, your daily dose)
  • CMS Colloquium Podcasts (havent listened to it yet, but its MIT!)
  • The Guardian Tech Weekly (well informed weekly round table with Aleks Krotoski.  This is another of my favorites)
Load up the MP3 player and listen to something good on the commute home, instead of yelling at the car in front of use.

Friday, June 08, 2012

7.8 :: Yes a ACPA Claim Requires a Domain Name :: Juror Number One :: The Internet Doesnt Always Work :: No Rules or Treaties :: You Should Be ::

CyberTelecom News
Federal Internet Law and Policy

FCC looks to regulate middle-mile connections, CW
The U.S. Federal Communications Commission will look into new
regulations of middle-mile broadband connections used by many
businesses and owned largely by AT&T and Verizon Communications, the
agency said.

The FCC Noses Under the Broadband Internet Tent, Forbes
A seemingly technical order circulating at the FCC this week is
raising alarms among those who support a vibrant broadband Internet

Repealing De-Regulation: How Not to Build a Roadmap Towards an All-IP
World, AT&T
The FCC has circulated an order that would undo more than 12 years of
Clinton-era, deregulatory pricing policy on legacy non-packet
services. The services in question are called "special access"
services – 95% of which are slow 1.5 megabits per second (Mbps) TDM
(think POTS) services. That is not a misprint. We are not talking
about 100 Mbps connections – services we should actually be figuring
out how to get to more

FCC Special Access Discussions Welcomed by State Regulators, NARUC
The National Association of Regulatory Utility Commissioners issued
the following statement in support of an order circulated by Federal
Communications Commission Chair Julius Genachowski dealing with
special access data that would suspend petitions for pricing
flexibility while the agency collects more data and drafts new

FCC Special Access Reboot — And AT&T's Somewhat Disingenuous Response, TFTSF
Good news, the FCC has decides to one again reboot its seven year old
proceeding on "special access." Given that I have been flogging the
FCC since 2006 to do something about this, with occasional reminders
since then, I …

Price v. Gannett Co., Dist. Court, SD West Virginia 2012, Fed Court
Plaintiffs allege that Gannett is the parent company of Topix, a
company that operates websites with local forum discussion pages.
Plaintiffs allege that "unknown posters" have posted defamatory
statements about them on Topix's website after their son's death.
HELD: 47 USC § 230 provides immunity for Topix from the state-law tort
claims alleged in the complain

GARRUTO v. Longo, Dist. Court, D. New Jersey 2012, Fed Court
ACPA Cause of Action Dismissed; Plaintiff's mark is neither famous or
distinctive; no demonstration defendants registered a domain name… at

New net address system enabled, BBC
A new identification system for the internet launches, enabling
trillions of new unique addresses to be made.

Top 5 IPv6-ready wireless routers, CNET
CNET editor Dong Ngo's pick of top 5 routers that can handle IPv6 for
homes and small businesses.

AT&T: We're Doing Just Fine on IPv6 Transition - Company Says 5
Million Homes IPv6 Ready By End of 2012, DSLReports
While companies like Comcast have been aggressive in getting IPv6
deployed, AT&T has been somewhat quiet on the matter. That was until
recently, when the company hinted that their IPv6 plans involve
deploying carrier grad NAT as an IPv6 migration attempt. U-Verse users
were recently told that as AT&T deploys carrier grade NAT, they'll
need to change their subnet and pony up $15 a month for a public IP
address to keep everything working correctly.

Akamai is Supporting IPv6 Delivery for Major Enterprises and
Government Agencies in Advance of World IPv6 Launch, Akamai
Akamai Technologies, Inc. (NASDAQ: AKAM), the leading cloud platform
for helping enterprises provide secure, high-performing user
experiences on any device, anywhere, announced today its participation
in World IPv6 Launch beginning tomorrow, June 6th, when major Internet
service providers (ISPs), Web companies, and home networking equipment
manufacturers around the world will come together to permanently
enable IPv6 for their products and services.

Making the IPv4 address market in Europe more transparent, IGP
Today a policy proposal that we submitted to RIPE NCC was published
for comment. Policy Proposal 2012-5 wants to increase the transparency
of the transfer market for IPv4 addresses by requiring the RIPE NCC to
publish a record of all transfers conducted under their policy.

IPv6: What could be (but isn't yet), CAIDA
With IPv6 Launch approaching, there is increasing interest in
measuring the readiness of the IPv6 infrastructure. A major concern,
particularly for networks that source or sink content, is the
performance that is achievable over IPv6, and how it compares to the
performance over IPv4. A recent study by Nikkah et al. argues that
data plane performance, as measured by web page download times, is
largely comparable in IPv4 and IPv6, as

ARIN and World IPv6 Launch Day, ARIN

World IPv6 Launch Day: The view from ATLAS, Arbor Networks
With the arrival of World v6 Day it's time to see how far down the
trail to IPv6 adoption we have come in the past year. Arbor will be
utilising data from some of its customers, via our ATLAS Internet
monitoring infrastructure, to measure the traffic changes during (and
after) World IPv6 Launch. We will be
一攀琀昀氀椀砀ᤀ猠 䌀䐀一 猀栀漀甀氀搀 猀挀愀爀攀 琀栀攀 猀琀漀爀愀最攀 椀渀搀甀猀琀爀礀㘀 瑨灴⼺是敥灤

Netflix Evolves, Level3
When we entered the CDN space a few years ago a central part of our
"pitch" to the large online media providers was that Level 3 would
help build the best distribution platform for them. Best in the sense
that the performance and cost matched our customers' needs. And we did
this because we recognized that the content being delivered, the
audience size and distribution, the monetization models, the content
library size and popularity distribution all varied. And those
variations mean that in many cases a blend of technologies is required
to optimize performance or cost or both.

Why Netflix's CDN should scare the storage industry, Gigaom
Lest storage vendors thought they were immune to disruption that open
source hardware is having on the server industry, Netflix's new Open
Connect content-delivery network might make them think again. While
Open Connect directly targets commercial CDNs, it's based upon (or at
least inspired by) open source storage designs first released by
Backblaze almost three years ago. Backblaze's design evolving and
expanding its range into the data centers of a Fortune 1000 company is
significant in the same way the evolution of modern man was for

U.N. could tax U.S.-based Web sites, leaked docs show, CNET
Global Internet tax suggested by European network operators, who want
Apple, Google, and other Web companies to pay to deliver content, is
proposed for debate at a U.N. agency in December

Spying Online In Syria, VOA
As the situation and armed conflicts in Syria enter a new period of
uncertainty and militarization, it increasingly appears the same may
well be said about Syria's Internet.

The Cybersecurity Act (S. 2105) Threatens Online Rights - a Handout
for Your Senator, EFF
Worried about the Lieberman-Collins Cybersecurity Act? You should be.
As we've explained before, it poses serious threats to online rights.
Here's a one-page handout you can use as a reference. It's great for
sharing with friends, handing to Senate staffers, publishing online,
or using as talking points when explaining the issue to someone for
the first time. Download it here and please spread it around!

US Government Still Insisting It Can't Be Sued Over Warrantless
Wiretapping, EFF
Once again, the federal government is trying its hardest to prevent
the courts from determining whether it has broken (or is still
breaking) the law through the NSA's wiretapping program.

Barak admits Israel's cyberwar activity, FT
Defence minister says capabilities include attack as well as defence
after book reveals collaboration with US on Stuxnet computer virus

Stuxnet, Flame just the tip of the weapons-grade malware iceberg, Globe
A real cyberweapons arms race has begun, and there are no rules or
treaties covering this new frontier in war

UN warning on 'risk of cyberwar', BBC
Greater co-operation between countries is needed to avoid the risk of
global cyberwar, the UN warns

The Rewards (and Risks) of Cyber War, NAF
The militarization of cyberspace has been under way for more than a
decade, but only in the last few years have the telltale signs
appeared suggesting that the United States is erecting a new digital
wing of its permanent national-security state. Three years ago, for
example, came the birth of the 24th Air Force, at Lackland Air Force
Base, Texas, and Robins Air Force Base, Georgia. The 24th claims to be
"the newest numbered air force," as well as "the first-ever unit
designated for the sole purpose of cyberspace operations." According
to its fact sheet,

JUROR NUMBER ONE v. Superior Court of Sacramento County, Cal: Court of
Appeal, 3rd Appellate Dist. 2012, CA Court
Juror Number One posted to FB about while trial was in progress. Court
investigated misconduct and ordered juror to sign Stored
Communications Act consent to access FB account. Juror filed writ of
prohibition. "We conclude the SCA is not applicable to the order at
issue here and Juror Number One has otherwise failed to establish a
violation of constitutional or privacy rights. We therefore deny the

Why the Internet Doesn't Always Work, Akamai
This coming week thousands of us who focus on ecommerce - both as
online retailers and technology providers alike - will be converging
in Chicago at IRCE's 2012 event. Teaming up with Kevin Diamond, the
CTO of Hautelook, I am looking forward to the opportunity to talk
about the challenges of doing business over the Internet.

The Secret Life of Wally Madhavani, Virulent Word of Mouse
"We're going through." The commander's voice was like thin ice
breaking. He wore a full dress uniform, with a patch rakishly pulled
over one eye. His loyal puppy stood at his side, staring into the

"If there are no dogs in Heaven, then when I die I want to go where
they went."-Will Rogers
:: Adopt a Rescue Dog or Cat :: http://www.petfinder.com ::
Website :: www.cybertelecom.org
Blog :: cybertelecom.blogspot.com
Delicious :: http://del.icio.us/rcannon100/zxc
Twitter :: Cybertelecom
Google Group :: cybertelecom-l

AUP :: www.cybertelecom.org/cybert.htm#aup
Cybertelecom is Off-the-Record. Otherwise play nicely.

Link to us! www.cybertelecom.org